The Biden Administration is poised to forgive a lot of loans but forget a few legal constraints. Richard Epstein and Adam White parse the legal issues, including the issue of whether federal courts would (or should) have jurisdiction to hear a case at all. Then they move to the Justice Department’s investigation of Trump’s Mar-a-Lago document stash, for which the Administration is not in a forgiving or forgetful mood. What does Judge Cannon’s special master order mean, and what will it accomplis...
Sep 08, 2022•48 min•Ep. 53
Tanned and well rested, Richard Epstein and Adam White discuss the latest controversies surrounding the former president and the current justice department. And they consider Congress’s own investigation. It’s been a long hot summer.
Aug 18, 2022•46 min•Ep. 52
Days after the Senate Judiciary Committee finished its confirmation hearing for Judge Ketanji Brown Jackson, Richard and Adam debate whether these hearings are a tradition that has outlived its usefulness.
Mar 28, 2022•46 min•Ep. 51
In today’s episode, Richard Epstein and Adam White discuss the Supreme Court’s recent decisions in the OSHA and HHS vaccine mandate cases. Then they pan back to a broader discussion of the Roberts Court and the administrative state, before finishing with a quick preview of the Court’s newly-granted cases on race-based college admissions.
Jan 26, 2022•45 min•Ep. 50
In today’s episode, a discussion of the Supreme Court’s recent decision regarding the Texas abortion statute becomes a debate about “standing” and other jurisdictional doctrines. Richard and Adam also discuss the late Professor Alexander Bickel—he’s one of Adam’s favorites, but Richard has some, well, disagreements.
Dec 16, 2021•46 min•Ep. 49
Richard Epstein and Adam White discuss the lawsuit challenging OSHA’s vaccine mandate, and the Fifth Circuit’s initial order against the administration. Then they turn to the Supreme Court, which just heard oral arguments on New York’s near-prohibition against keeping and bearing concealed handguns outside the home.
Nov 10, 2021•44 min•Ep. 48
Richard and Adam discuss the two biggest cases of the Court’s new term (so far), on abortion and guns, and close with some thoughts on the bigger picture.
Oct 11, 2021•44 min•Ep. 47
Richard and Adam close the book on the Trump years — except for the whole post-presidential impeachment thing. And Richard elaborates his case for regulating Twitter as a “common carrier.” Looking ahead to what the new Biden Administration might bring about, they both already disagree with some of the Administration’s day-one policies. Does the end of Trump’s era, and the beginning of Biden’s, mark the end of Richard’s and Adam’s own “reasonable disagreements” with each other? Surely not! But th...
Jan 21, 2021•58 min•Ep. 46
A day after rioters stormed the Capitol to disrupt Congress’s certification of Joe Biden’s election, Richard and Adam reflect on yesterday’s tragic effects, and the path forward. They also discuss the Democratic Party’s victories in Georgia, winning control of the Senate; and President-elect Biden’s nomination of Merrick Garland to be Attorney General.
Jan 08, 2021•40 min•Ep. 45
President-elect Biden has begun to announce his intended nominations for Cabinet seats and other high-level posts. In today's episode, Richard and Adam analyze several of those picks, with an eye to what this means for foreign policy, climate regulation, and other specifics, and a broader view of what to expect from the administrative state overall. And they end with brief thoughts on post-election litigation, from the failed Pennsylvania lawsuit to the Texas Attorney General's new one. We'll be...
Dec 11, 2020•41 min•Ep. 44
In today's episode, Richard and Adam discuss the Supreme Court's Thanksgiving-eve order blocking Governor Andrew Cuomo's COVID-19 rules against religious gatherings — what it says about the justices, and the rule of law, during the pandemic. Then they consider the prospects for post-election litigation making its way to the Supreme Court, and President Trump's pardon of Michael Flynn.
Dec 01, 2020•50 min•Ep. 43
In their first episode since the presidential election, Richard and Adam discuss the result—and the prospects for post-election litigation. Then they turn to Congress: the House, where Republicans gained ground; and the Senate, where things remain on a knife’s edge. Adam and Richard look to the weeks ahead, and to what the longer-term future might hold for the Republican and Democratic Parties.
Nov 17, 2020•56 min•Ep. 42
In their last pre-election episode, Richard and Adam discuss Judge Barrett’s Senate confirmation hearings; the Supreme Court’s next Obamacare case; and social media companies’ power over information itself.
Oct 20, 2020•43 min•Ep. 41
Days after the sad news of Justice Ruth Bader Ginsburg's death, Richard Epstein offers some reflections upon the late justice. Then he and Adam White discuss the prospects for a Senate confirmation of President Trump's upcoming nominee, either before or after the election. Finally, they discuss Attorney General Barr's Constitutional Day speech on the Justice Department's structure and traditions.
Sep 22, 2020•35 min•Ep. 40
In today's (admittedly bleak) episode, Richard and Adam consider proposals to give the Federal Reserve even broader powers; and problems in the run-up to the presidential election; and problems that might happen after votes are cast; and President Trump's call to defund "anarchic" cities. Adam looks for the sunny side, but he doesn't find it.
Sep 08, 2020•35 min•Ep. 39
In today’s episode, Richard and Adam discuss TikTok’s newly filed lawsuit against President Trump, and the executive order that it challenges. Then they turn to “law & order” themes in the Republican and Democratic Parties’ conventions, before discussing the federal government’s and state governments’ handling of Covid-19.
Aug 25, 2020•46 min•Ep. 38
With the Supreme Court having completed its year's work, Richard and Adam disagree about DHS v. Regents of California, in which the Court sent the Trump Administration back to the drawing board on its attempted rollback of the Obama Administration's "DACA" policy on immigration nonenforcement. Then they discuss the Court's rulings on congressional and prosecutorial subpoenas for President Trump's papers, before finishing with a discussion of the chaos in Portland.
Jul 22, 2020•45 min•Ep. 37
Hoover Institution fellow Richard Epstein and Adam White discuss the Justice Department’s motion to dismiss charges against Michael Flynn, and the state(s) of Covid-19 precautions. They end with brief observations on Rep. Justin Amash’s brief presidential campaign and Justice Clarence Thomas’s new PBS documentary.
May 20, 2020•48 min•Ep. 36
Richard Epstein and Adam White continue to debate the nature of the coronavirus outbreak, and the costs and benefits of the government’s response. Then they discuss a controversial new essay by law professor Adrian Vermeule, who calls on conservatives to reject Scalia-style originalism for a very different kind of constitutional law.
Apr 02, 2020•47 min•Ep. 35
Dialing in from their socially distant hideaways, Richard Epstein and Adam White disagree about basically every aspect of COVID-19 — about how much of a threat it poses to public health; about the policy responses to it; and about the costs of those policy responses.
Mar 23, 2020•48 min•Ep. 34
After a weekend of escalating news and analysis of the coronavirus outbreak, Richard Epstein offers a classic liberal’s view of government powers in emergencies. Then he and Adam White discuss the Supreme Court’s recent oral arguments in Seila Law v. CFPB, on the CFPB’s unconstitutional structure. You can rate, review, subscribe, and download the podcast on the following platforms: Podbean | Apple Podcasts | RadioPublic | Overcast | Google Podcasts | Spotify | RSS...
Mar 10, 2020•45 min•Ep. 33
Recorded during the Senate impeachment trial, Hoover Institution fellow Richard Epstein and Adam White discuss the House managers’ case, the White House’s response, and the seemingly short path forward to acquittal.
Jan 31, 2020•1 hr 2 min•Ep. 32
In 2019’s last episode of “Reasonable Disagreements,” Richard Epstein and Adam White discuss the seemingly inevitable House vote in favor of impeachment. They debate the House’s investigation (and the investigations that preceded it), and they look ahead to a Senate impeachment trial. How will the Senate deal with factual issues? What role will Chief Justice Roberts play in the middle of it all. You can rate, review, subscribe, and download the podcast on the following platforms: Podbean | Apple...
Dec 16, 2019•56 min•Ep. 31
Reacting to Senator Whitehouse’s brief questioning of the Supreme Court’s legitimacy, Hoover Institution’s Richard Epstein and George Mason University’s Adam White discuss “judicial legitimacy” and proposals to restructure the Court. Richard also tells the story behind his 1984 debate with then-Judge Antonin Scalia. You can rate, review, subscribe, and download the podcast on the following platforms: Podbean | Apple Podcasts | RadioPublic | Overcast | Google Podcasts | Spotify | RSS...
Nov 07, 2019•46 min•Ep. 30
In their first episode back from a break, the Hoover Institution’s Richard Epstein and George Mason University’s Adam White manage to disagree about practically every aspect of the new controversy over President Trump, Ukraine, the Bidens, and impeachment. You can rate, review, subscribe, and download the podcast on the following platforms: Podbean | Apple Podcasts | RadioPublic | Overcast | Google Podcasts | Spotify | RSS...
Oct 03, 2019•41 min•Ep. 29
Hoover Institution fellows Richard Epstein and Adam White discuss Richard’s recent essay for Defining Ideas , which defends classical liberalism against the recent critiques of conservative political philosopher Patrick Deneen and others. From there they move on to other critics of classical liberalism—namely, modern-day advocates for socialism. And finally they touch on Harvard Medical School’s removal of portraits of white men, and the debate over statutes honoring confederate soldiers. You ca...
Jun 19, 2019•43 min•Ep. 28
In Georgia and Alabama, state legislatures have enacted laws on abortion, perhaps teeing up new legal challenges to the Supreme Court’s Roe v. Wade precedent. Meanwhile, in Washington, the House Democrats’ subpoenas to President Trump’s former White House Counsel and to his longtime accountants are sparking debates and litigation over the scope of Congress’s investigative powers and the options for presidential immunity against such investigations. Hoover fellows Richard Epstein and Adam White d...
May 23, 2019•47 min•Ep. 27
Hoover fellows Richard Epstein and Adam White discuss the decline of Congress as a constitutional institution, as exemplified by the Senate Judiciary Committee’s hearing with Attorney General Barr—and the House Judiciary Committee’s hearing without him.
May 03, 2019•46 min•Ep. 26
On the first day of baseball season, Hoover Institution fellows Richard Epstein and Adam White call balls and strikes on the apparent end of the Mueller investigation as detailed in Attorney General Barr’s four-page letter to Congress. They still disagree about Mueller, but they agree that the investigation reached a good conclusion. Will we ever see a full Mueller Report — and should we? Did you like the show? You can rate, review, subscribe, and download the podcast on the following platforms:...
Mar 28, 2019•42 min•Ep. 25
Senator Elizabeth Warren wants to break up tech companies; former Attorney General Eric Holder wants a future Democratic President and Congress to pack the Court, which would break it. What do Hoover Institution fellows Richard Epstein and Adam White think of these proposals? They disagree with both of them ... but they also disagree with one another about how to think about what Google does today. But before they start to debate those issues, they begin by applauding the Senate's move toward co...
Mar 13, 2019•50 min•Ep. 24
